Gauhati High Court
Swapan Kumar Singha vs The State Of Assam And 7 Ors on 28 May, 2019
Author: Manash Ranjan Pathak
Bench: Manash Ranjan Pathak
Page No.# 1/5
GAHC010106352019
THE GAUHATI HIGH COURT
(HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)
Case No. : WP(C) 3214/2019
1:SWAPAN KUMAR SINGHA
S/O- LT JAGAT MOHAN SINGHA, R/O- LANE NO. 15, VIVEKANANDA ROAD,
SILCHAR, DIST- CACHAR, ASSAM, PIN- 788003
VERSUS
1:THE STATE OF ASSAM AND 7 ORS.
REP. BY THE COMM. AND SECY. TO THE GOVT. OF ASSAM, EDUCATION
(SECONDARY) DEPTT., DISPUR, GHY-6
2:THE STATE SELECTION BOARD
THROUGH THE CHAIRMAN
i.e.
THE COMMISSIONER AND SECY. TO THE GOVT. OF ASSAM
EDUCATION (SECONDARY) DEPTT.
DISPUR
GHY-6
3:THE DIRECTOR OF SECONDARY EDUCATION
ASSAM
KAHILIPARA
GHY-19
4:THE INSPECTOR OF SCHOOLS
CACHAR DISTRICT CIRCLE
SILCHAR
ASSAM
5:THE NATIONAL COUNCIL FOR TEACHER EDUCATION
THROUGH THE CHAIRPERSON
HANS BHAWAN (WING II)
1 BAHADUR SHAH ZAFAR MARG
NEW DELHI
Page No.# 2/5
6:SUPARNA SINGHA
PRINCIPAL
DESHA BHAKTA TARUN RAM PHUKAN HIGHER SECONDARY SCHOOL
SILCHAR
DIST- CACHAR (ASSAM)
PIN- 788001
7:GOVINDA CHAKRABORTY
SUBJECT TEACHER
SIRAJUL ALI H.S. SCHOOL
BORKHOLA
CACHAR
PIN- 788110
8:ABHIJIT SAHA
SUBJECT TEACHER
NARSING H.S.SCHOOL
SILCHAR
PIN- 78800
Advocate for the Petitioner : MR. I H SAIKIA
Advocate for the Respondent : SC, HIGHER EDU
BEFORE
HON'BLE MR. JUSTICE MANASH RANJAN PATHAK
ORDER
28-05-2019 Heard Mr. I. H. Saikia, learned counsel for the petitioner. Also heard Mr. J. Abedin, learned Standing counsel, Secondary Education Department for the respondent Nos. 1 to 4 as well as Mr. N. H. Barbhuiya, learned Standing counsel NCTE for the respondent No.5.
Matter relates to appointment of Principal in Desha Bhakta Tarun Ram Phukan (DBTR) Higher Secondary School, Silchar, Cachar pursuant to the advertisement dated 16.06.2016, which stipulated that B.Ed. Degree obtained from off campus like, CMJ, Bharatia Shiksha Parishad, Nava Bharat Shiksha Parishad or any other institute not having NCTE recognition cannot be accepted.
Mr. Saikia, stated before the Court that the NCTE Act came into force w.e.f. 01.07.1995.
Page No.# 3/5 He placed Annexure-7 to the writ petition, a list of approved B.Ed. Degree institutions recognized by the NCTE in its Eastern Region Committee. From the same the petitioner brought to the notice of the Court that Silchar College of Education, a private institute obtained its approval for B.Ed. Degree Course for the first time from the NCTE only on 11.08.2003 for the Sessions 2003-04 and thereafter, obtained the approval from the NCTE w.e.f. 31.05.2005.
Mr. Saikia brought to the notice of the Court that the respondent No.6 obtained her B.Ed. Degree in the year 1998 from the said Silchar College of Education and submitted that though the respondent No. 6 does not have a valid B.Ed. Degree in the eye of law, she has been appointed as regular Principal of said DBTR HS School, Silchar, Cachar on the basis of an illegal selection made by the State Selection Board, which was approved by the State Government in the Secondary Education Department vide No. ASE.82/2014/Pt-II/455 dated 04.09.2018, pursuant to which the Director of Secondary Education, Assam vide order No. GB-EST/DSE/ Principal/Aptt/20/2017/76 dated 13.09.2018 issued the appointment order to her.
Mr. Saikia, learned counsel for the petitioner further placed before the Court a judgment of the Division Bench of this Court dated 29.04.2019, passed in WA No.354/2018 arising out of the judgment and order dated 01.11.2018, passed by the learned Single Judge of this Court in WP(C) No.4674/2017, wherein the Hon'ble Division Bench have held that B.Ed. Degree obtained by the appellant of said WA No.354/2018 (just like the respondent No. 6 herein) was of 1998 from Silchar College of Education, Silchar, Cachar and the said institute was recognized by the NCTE only on 11.08.2003, whereas it is an undisputed position that the NCTE Act, 1993 came into force w.e.f. 01.07.1995 and therefore, the Division Bench in the said judgment dated 29.04.2019 categorically held that said B.Ed. Degree of the concerned appellant of 1998, being subsequent to 01.07.1995, the date of coming into the force of said NCTE Act, 1993 is without the recognition of the NCTE and accordingly held it to be invalid.
Petitioner submits that said judgment of the Hon'ble Division Bench dated 29.04.2019 is squarely applicable in the present case since the respondent No.6 herein also obtained her Page No.# 4/5 B.Ed. Degree in the year 1998 from said Silchar College of Education which obtained its recognition from the NCTE only on 11.08.2003, after coming into force of NCTE Act on 01.07.1995.
Issue notice returnable by 25.06.2019.
As Mr. J. Abedin, learned Standing counsel, Secondary Education Department as well as Mr. N. H. Barbhuiya, learned Standing counsel NCTE for accepts notice for the respondent Nos. 1 to 4 and 5 respectively, no formal notices need to be issued to those respondents.
Petitioner shall take steps for service of notice on the respondent Nos. 6, 7 and 8 within 2 days from today by Registered post with A/D, providing their correct and proper addresses with requisite postal stamps.
In addition to the above, the petitioner, on or before 10.06.2019, shall take steps for service of notice on the respondent Nos. 6, 7 and 8 by Dasti/Personal service to be routed through the Registry of this Court. Such Dasti/Personal service shall be made on those three respondents on or before 14.06.2019, by serving each of them a copy of this writ petition, including the annexures appended thereto, obtaining their signatures with date, in presence of one or more witnesses and thereafter, the petitioner shall file an affidavit towards completion of such Dasti/Personal service on those respondents.
Appointment of the respondent No.6 as regular Principal of said DBTR HS School, Silchar, Cachar in pursuance to the order of the Director of Secondary Education, Assam under order No. GB-EST/DSE/ Principal/Aptt/20/2017/76 dated 13.09.2018 shall be subject to the outcome of this writ petition.
Since the B.Ed. Degree obtained by the respondent No. 6 from Silchar College of Education, Silchar, Cachar in the year 1998 being subsequent to 01.07.1995, the date of coming into the force of NCTE Act, 1993 and a Division Bench of this Court in its judgment dated 01.11.2018 passed in WA No.354/2018 have already held that B.Ed. Degree obtained by a candidate from said Silchar College of Education, Silchar, Cachar from 01.107.1995 till the said College obtained approval from the NCTE for the first time on 11.08.2003 for the Sessions 2003-04 and thereafter, w.e.f. 31.05.2005, as invalid; therefore, in the interim, it is Page No.# 5/5 directed that the respondents Nos. 1 to 4, i.e. the Commissioner and Secretary to the Government of Assam in the Secondary Education Department as well as the Director of Secondary Education, Assam and the Inspector of Schools, Cachar District Circle, Silchar shall not disburse the relevant scale of pay with grade pay that is payable to a Principal in Provincialised Secondary Schools of the State to the respondent No.6, until further order of the Court.
List accordingly.
A copy of this order be furnished to Mr. J. Abedin, learned Standing counsel, Secondary Education Department for his necessary use.
JUDGE Comparing Assistant